Land and Sea co -ordination and its system perfection controlled by natural resources
November 25, 2020 08:48 Source: "China Social Sciences", November 25, 2020, Issue 2055, Issue 2055

Implementation of the use of natural resources,is one of the important starting points for the construction of ecological civilization。my country is a land and sea and prepared country,Land and Sea Connection,Sitting on the sea。In recent years,In the process of vigorously promoting the reform of the ecological civilization system and mechanism in my country,The top -level design of the natural resource use control system is gradually clear,Land and Sea, which is controlled by the use of natural resources, has also received increasing attention。The National Land Planning Outline (2016-2030) issued by the State Council is clearly proposed,To build a benign interactive land and sea coordinating development pattern,Not continuously improved by space plan、Uses control、The spatial governance system composed of differentiated performance assessment,Basically realize the modernization of land and space governance capacity by 2030。General Secretary Xi Jinping proposed in the report of the 19th National Congress of the Communist Party of China.,Target of accelerating the construction of a marine power ",Luhai co -ordination officially becomes a major strategic guidance idea for the construction of marine power。So,Carry out natural resource use control,It should always adhere to the basic concept of land and sea coordinating,Focus on improving the relevant legal system。

For the present,my country ’s use of natural resources under the guidance of the concept of the land and sea of ​​China,It has a significant practical significance。First, it is conducive to implementing the requirements of the overall regulation of natural resource purposes。After the establishment of the Ministry of Natural Resources in 2018,Natural resource management functions are re -integrated,As a result, the overall control of the use of natural resources。So,Putting Luhai co -ordination as the basic criterion for the use of natural resources,It is conducive to the requirements of natural resources in various places bet365 live casino games to better implement the requirements of overall control。Second, it is conducive to the cooperation between different government functional departments in the process of control of natural resources。Current,The power and supervision responsibilities of the central and local governments in the control of natural resources are not clear enough,The local government division of labor cooperation mechanisms in the adjacent area is not perfect,Natural resource use control full coverage、Zero dead ends and cooperation of various departments、No rights、The system guarantee of not pushing the push also needs to be strengthened。Third, it is conducive to the establishment and improvement of the relevant laws and regulations of the use of natural resources。Related regulations of the use of natural resource use regulations Disposal in the natural resource single method、Administrative Regulations、In the regulations or normative documents of ministries and commissions,These regulations are either limited to one party in land or ocean,Either limited to certain types of natural resources,Insufficient control of the use of natural resources and insufficient attention to land and sea coordination。

Legislation needs practical experience as support。In recent years,Jiangxi、Henan、Hunan、Fujian、Hainan and other provinces have carried out pilot control of natural ecological space use。where,Fuqing City, Fujian Province, launched the pilot work of the use of the use of natural ecological space in 2018。To ensure the smooth development of the relevant pilot work,It is necessary to strengthen advancement from the national level,Authorized local governments formulate legal norms of natural resource use control in the pilot area,Therefore, it provides experience and blueprint for the larger scope of national promotion。In terms of legislative content,We must focus on "who cares", "what to control", "how to manage", "where to manage" and other issues,Incorporate the use of natural resources into the rule of law。

One is the question about "who cares"。The first meeting of the 13th National People's Congress approved the "State Council Institutional Reform Plan",The Ministry of Natural Resources is officially established,bet365 Play online games The National Oceanic Administration is merged into it。So,Local natural resource authorities at all levels are the legal use of various types of natural resource use control functions to exercise the subject。This means that the competent authority of the natural resources should be on the land、The responsibilities of the land and sea connection zone and the performance of natural resources at sea。In order to divide it with this power, it is connected,It is necessary to clarify the competent authorities that face the use of natural resource use control from the local level,That is, it is clearly stipulated that the natural resources authorities are controlled by natural resources in Bet365 app download accordance with the principles of land and sea coordination。

The second is the question about "what"。Natural resources are located in land、The ocean is still in the atmosphere,As long as it is an important impact on the national economic and social development,All should be included in the scope of the use of natural resources。For example,Petroleum、Rare Earth、Natural Gas、Burning Crown、Rare metal、Rare Earth、radioactive minerals, etc.。Development strength、Time limit for use,All target tasks for the use of natural resource use。So,Natural resource use control should coordinate the development intensity of the natural resources of the land and sea,Coordinated considerations that the development bet365 best casino games and use of natural resources may have the impact on the ecological environment of the land and sea。

Third is the question about "how to manage"。First of all, manage it in accordance with the law。The "Administrative Licensing Law", "Administrative Compulsory Law", "Administrative Penalty Law", which has been promulgated and implemented in my country,Give government departments through administrative license、Administrative Compulsory、Administrative punishment permissions for use control。The field of administrative planning currently only has the "Urban and Rural Planning Law",There is no corresponding laws and regulations for other plans led by administrative organs,The field of administrative guidance also lacks necessary regulatory guidelines。So,It is necessary to be under the situation where national legislation is temporarily absent,The administrative planning and administrative guidance bet365 best casino games behavior of the competent authority of the natural resource in the process of the use of natural resource purposes is based on local regulations。Followed by Luhai Coordinating Management。behavior of the development and utilization of natural resources,Anyone may be on the ocean、One of the land ecological environments is influential or all influence,Or maybe it may affect other natural resources,All should be included in the scope of daily supervision,Tracking monitoring。Once the actual impact occurs,Evaluation should be performed in time,Take measures according to law。

Fourth is the question about "where to go"。The government ’s functional scope of the control of natural resources includes the ocean、All land space including land,The development and utilization of natural resources related to it shall be evaluated by the government,and decide the scope of use control。other,When the competent department of natural resources is exercising its functions,Can't blindly rely on administrative means,It can play the role of market mechanism appropriately,better combination with control and utilization,Promote better and better configuration of natural resources of land and sea。

Development of natural resources for use,It aims to promote the sustainable development and utilization of natural resources,instead of "one forbidden"。Current,The means of the use of natural resource use control are relatively single,Basically use the division of ecological red lines、Methods to divide land space,It is easy to appear a passive situation with "control" "control",How to effectively connect natural resources and "use" natural resources for "tube" and "use" natural resources。I think,The fundamental reason is that the construction of a natural resource use control system guided by land and sea coordination。At present, it should be focused on starting from the following five aspects。

First,Guided by the coordination of land and sea,Establish and improve the natural resource space planning system for the integration of land and sea。Change the current situation of various plans for their own war,Consider all space planning,Improve the planning system of land and space at the legal system,Planning bet365 best casino games and use of natural resources development and utilization into the planning of land and space,Explore the establishment of natural resource space plan。Preparation of natural resource space planning time,To fully consider the impact of natural resources development and utilization on land and sea space,Merge maritime functional zone with land function zone,Make land planning and marine planning smoothly,Improve the efficiency and quality of the development and utilization of natural resources,Strengthen the intensity and depth of the protection of natural resources。

Second,Guided by the coordination of land and sea,Establish and improve the development and utilization of the development and utilization of natural resources of land and sea。Both combine the characteristics of land and ocean,There are different protection measures for natural resources; we must pay attention to the coordination of land and sea,Pay attention to the development and use of the interaction and influence of the natural resources of land and sea,Coordinate the development of land natural resources for the development of land for the marine ecological environment、Ocean Natural Resources Development and Utilization of the impact on the ecological environment of the land。The height of co -ordination from land and sea,Fully calculate the environmental cost of development bet365 best casino games and use of natural resources,The development and utilization behavior of the cost of ecological destruction cannot be clearly or accurately estimated by the cost of ecological destruction,Determine prohibited from legislation,Eliminates the development and utilization behavior of natural resources that are not consistent with environmental costs。

third,Guided by the coordination of land and sea,Establish and improve environmental standard system related to the development bet365 best casino games and use of natural resources。Environmental standard system is an important legal system that regulates the development and utilization of natural resources。Scientific and reasonable environmental standards,It is important for establishing and sounding the system of natural resource use control。The formulation of environmental standards cannot consider only a single land space,It should also be coordinated with all the land space that may be affected。This concept is particularly important when formulating environmental standards suitable for the sea and land transition zone。where,Environmental standards in the coast belt areas must be formulated in Bet365 app download accordance with the principles of land and sea coordination,On the premise of considering the influence on land and marine ecological environment,If biological diversity standards、Geological Standard、Pollutant emission standards, etc.。By establishing a sound and strict and perfect environmental standard system,Promoting the effective connection of the control system of natural resources and the environmental protection system。

Fourth,Guided by the coordination of land and sea,Establish and improve the environmental impact assessment system for development and utilization of natural resources。Scientific comprehensive environmental impact evaluation,Not only must we consider the impact on the land space where it is located,Also consider the impact on other land and space。For example,When the environmental impact assessment of river sand mining projects in the downstream of the river,Not only must we consider its impact on the rivers and the ecological environment on both sides of the strait,It is also necessary to consider its impact on the overall coastal belt and the basin。Environmental impact evaluation guided by land and sea coordination,It is necessary to comprehensively evaluate the ecological impact of the development and utilization of natural resources,Take targeted prevention and control measures。It should also be used as the basic principles of the implementation of environmental impact assessment,Written laws and regulations related to environmental impact assessment,and increase the implementation of the implementation of land and sea coordination,Setting the legal responsibility that violates this principle。

Fifth,Guided by the coordination of land and sea,Establish and improve the effect evaluation mechanism for the control of natural resources。To test whether the use of natural resource use control has achieved the expected goal,A scientific effect evaluation mechanism should be established。Tightly combined with the requirements of Luhai coordinating,Main aspects that affect the use of natural resource use control through analysis,Consider the classification of natural resources、Technical requirements and means for the control of natural resource use control、Factors such as the role of the government in use control,Construct a scientific evaluation index system and evaluation method,Effective evaluation of the effects and efficiency of the use control of natural resource use。

(This article is a phased achievement of "natural Bet365 app download resource use control and its system perfection under the coordination of land and sea" (2019R0050) in the Fujian Provincial Soft Science Project)

(Author Unit: School of Law, Fujian Normal University; Marxist College of Fujian Normal University)

Editor in charge: Changchang
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